SADASHIV D NAIK Vs. UMESH KRISHNA SAWANTH

JUDGEMENT

(1.) This is plaintiff 's Second Appeal.

(2.) The plaintiff had filed Regular Civil Suit no. 23/1999 against the respondent (defendant) for permanent injunction to restrain the defendant, his agents, servants, etc. from interfering with and doing any illegal construction of house in the suit paddy field and for mandatory injunction directing the defendant to fill the trenches and to demolish any construction done in the suit paddy field during the pendency of the suit and to restore the land to its original condition.

(3.) It was alleged by the plaintiff that he is a cotenant in possession of the suit paddy field known as "Karpan Moli" bearing survey no. 307/10 situated in the village of Arambol at Varcha Wada and his name is recorded in the tenant's column of Form No. I and XIV as co-tenant. By virtue of Fifth Amendment to the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Agricultural tenancy Act), he became the deemed purchaser of the suit paddy field along with other co-tenants. Since the defendant started construction of a house in the suit paddy field without consent of the plaintiff and without taking permissions from competent authorities, the plaintiff filed the suit.